Restriction for Advocates to Appear in Labour Court
Section 36(4) of the ID Act
Was simply experiencing Industrial Disputes Act, 1947 and all of a sudden my recollections get revive in the wake of perusing Section 36 of the said Act of 1947. Section 36(4) of the Industrial Disputes Act disallows the Advocates to show up in the court. This arrangements currently has lost its pertinence and significance.
Section 36(4) of the Industrial Disputes Act, 1947 states that in any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.
Therefore, portrayal of a gathering by a legitimate professional must be with the assent of the other party to the procedures and with the leave of the Tribunal. In this way, if the laborer or worker brings up a criticism for appearance of a rehearsing Advocate for the benefit of the business or employer, at that point in perspective on the arrangement of Section 36, the rehearsing Advocate couldn't be allowed to show up for the business or employer.
It appears that the governing body had envisioned the fight in court between two inconsistent party. A legal practitioner is permitted only with the consent of the other party in the proceedings and with the leave of the Labour Court/Tribunal or National Tribunal as the case may be. It was left to the other party and also to the discretion of the forum before which the proceedings were instituted. The underlying principle of this section is just and fair trial.
2 comments:
This is totally unfair,now a days the highest Court, Supreme Court has not following the Principal of natural justice, allowing a brother judge in a Constitutional bench ? To rectify the conflicting judgement of his own judgement?
Many Advocates or legally trained persons appear on behalf of workmen under the garb of trade union office bearer.Similarly all employers are not big industrial houses.majority are small undertakings employing10-15 workmen.They are not legally trained to conduct their matters nor have time to do so.Such situations were envisaged by Hon. Bombay and Madras High Courts and had carved out exceptions to Sec. 36(4) of I.D.Act 1947.
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